Ramashish Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.620 of 2022 Arising Out of PS. Case No.-183 Year-2020 Thana- PARAIYA District- Gaya ====================================================== RAMASHISH PASWAN S/o Late Ganouri Paswan Residnet of VillageUprauhuli, P.S. Paraiya, District - Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saket Anand, Advocate For the Opposite Party/s :
Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Paraiyya P.S. Case No. 183 of 2020 registered for the offence under Sections 447, 341, 323, 324, 308, 34 and 302 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 29.09.2021.
The allegation against the petitioner is to commit murder of the nephew of the informant along with other coaccused persons, equipped with deadly weapons like Bhala, etc., due to land dispute.
Patna High Court CR. MISC. No.620 of 2022(3) dt.19-07-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that allegation as regard to assault is very much general and omnibus in nature against the petitioner, and alleged assault is not in corroboration with injury found upon the deceased, as per postmortem report. It is also submitted that petitioner is a man of clean antecedent. It has further been submitted that similarly situated co-accused person has already been granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 29512 of 2021 dated 29.01.2022. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has already been submitted in this case, as such, there is no chance of tampering with the evidence. Learned APP, while opposing the prayer of bail, fairly conceded the fact that allegation as regard to assault is very much general and omnibus in nature against the petitioner, as per FIR.
Considering the facts and circumstances as mentioned above, as allegation as regard to assault is very much general and omnibus in nature against the petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is
Patna High Court CR. MISC. No.620 of 2022(3) dt.19-07-2022 3/3 directed to be released on bail in connection with Paraiya P.S. Case No. 183 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Gaya/concerned court, subject to the following conditions: "(i)Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.
(ii) That one of the bailors shall be Rohit Kumar, who is the son of the petitioner and deponent of the present bail petition."
(Chandra Shekhar Jha, J) S.Katyayan/- U T